Bajrangi Mukhiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14857 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -JAMALPUR District- DARBHANGA ======================================================
1. Bajrangi Mukhiya S/o- Late Pitamber Mukhiya,
2. Pandu Mukhiya, S/o- Late Pitamber Mukhiya,
3. Venna Devi W/o- Bajarangi Mukhiya,
4. Venna Devi @ Veena Devi, W/o- Late Pitamber Mukhiya,
5. Inar Kumari, D/o- Veena Devi All are Resident of Village- Bauram, P.S.- Jamalpur, District- Darbhanga.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioners.
At the very outset, learned counsel for the petitioners submits that as the petitioner No. 1 has been arrested during the pendency of the anticipatory bail application, he may be permitted to withdraw the application so far as the petitioner No. 1 is concerned.
The application for anticipatory bail on behalf of the petitioner No. 1 is dismissed as having become infructuous. The petitioners are apprehending their arrest in connection with Jamalpur P.S. Case No. 73 of 2016 lodged for the offences punishable under Sections 304(B), 302 and 201/34
Patna High Court Cr.Misc. No.14857 of 2017 (2) dt.06-04-2017 2/3 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that the petitioner No. 2 is Debar, petitioner No. 3 is Nanad, petitioner No. 4 is mother-in-law and petitioner No. 5 is married Nanad of the deceased but no specific allegation of demand of dowry or torture or assault has been alleged against any of the petitioners. It has also been submitted that the petitioners have informed the Maike people of the deceased as she was traceless and later on dead body was found in the paddy field and not from the house of the petitioners.
Heard learned APP also.
Having heard both sides and in view of the facts stated above, let the petitioner Nos. 2 to 5, above named, in the event of their arrest or surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the SDJM, Biraul at Benipur, District- Darbhanga in Jamalpur P.S. Case No. 73 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further that one of the bailors of the petitioners shall be a local person having
Patna High Court Cr.Misc. No.14857 of 2017 (2) dt.06-04-2017 3/3 sufficient immovable property within the jurisdiction of the court concerned and the petitioners shall co-operate in the disposal of the trial and make themselves available as and when required by the Court and the police, if required.
It is further made clear that if any incriminating material or complicity against any of the petitioners is found at the time of submission of charge sheet, the prosecution shall be at liberty to move for cancellation of bail bonds of the petitioners.
(Vinod Kumar Sinha, J) S.Pandey/- U T